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HomeMy WebLinkAboutPumping Station Easement Agreement with Fulfer, Kelly and Brenda for Lochsa Falls Subdivision~4 ADA COUMY RECORDER J. DAVID NAVARRO g BDRSE IDAHD 05!14103 09:05 AM DE~UI'Y doanae Haoper flECORDED-AEDl1EST OF MARrY~a1DSMfTH Ili liilillllltllllillllilllllllllllfl A!'~~DIII~'T L7.ao 1~~97g7~9 This sheet has been added to document to accommodate recording information. ik 1 PI3MPING STATION EASEMENT AGREEMENT This Agreement is entered into this t2. day of November, 2QQ2, by and between Kelly Fnlfer and Brenda Fuller, husband and wife (hereinafter "Fuller"), and Lochsa Falls, L,L.C., an Idaho limited liability company (hereinafter "Lochsa"). RECITALS A. Fuller is the owner of that certain real property situa#e in Ada County, Idaho, more particularly described on Exhibit "A," attached hereto and by this reference incorporated herein (hereinafter described as the "Servient Estate'. B. Goldsmith is the owner of that certain real property situate in Ada County, Idaho, as more particularly described on Exhibit "B" attached hereto and by this reference incorporated herein (hereinafter desen~bed as the "Donunant Estate"). C. Appurtenant to both the Servient Estate and the Dominant Estate are the respective parcels surface water rights in the Settlers Irrigation District, which district delivers irrigation water to the respective parcels by the Settlers Canal. D. Lochsa shall subdivide the Dominant Estate by developing asingle-family residential tot subdivision. E. Fulfer contemplates subdividing the Servient Estate in the future into asingle- family residential lot subdivision with some mixed use. F. In connection with the development of the Dominant Estate, Lochsa needs to constrict an irrigation pumping facility and well sufficient to supply a pressurized irrigation system for the Dominant Estate. G. Fuller has agreed to provide Lochsa with the easements set forth in this Agreement on the terms and conditions of this Agreement, provided Lochsa develops its pumping facility sufficient to accommodate the future needs of the Servient Estate as more particularly set forth hereunder. NOW, THEREFORE, far good and valuable consideration, the parties agree as follows: 1. Grant of Easement. Fuller hereby grants to Lochsa the following easements: (a) Puxnpin~ Facility and We11, A permanent easement aver that portion of the Servient Estate more particularly described on Exhibit "C" for the purpose of constructing, installing, maintaining and repairing a pumping facility and well, including, without limitation, a pump house, well and a covered water collection cistern. i5 '' ' (b} 1•rrigation Lines. An easement over that portion of the westerly ten {10) feet of the Servient Estate for the purpose of installing, repairing, maintaining a below surface gravity irrigation line from the southern boundary of the Servient Estate to the Bumping facility and .well and a belovsr surface pressurized irrigation line from the pumping facility and tivell to the northern boundazy of the Servient Estate. (c} Surface Road. An easement over that portion of the westerly fifteen {15) feet for the purpose of constructing and maintaining an access road from McMillan Raad to the pumping facility and well so that Lochsa or its successors and assigns shall be able to access the Servient Estate far the purpose of inspection, repair and maintenance of the irrigation Lines, well and pump facility. 2. Exercise of Rights through Third Persons. Fulfer understands and agrees that Lochsa shall be entitled to exercise the rights hereby granted by the employment or ofiher arrangement for employees, agents, consultants, independent contractors and other persons engaged for any portion of the construction of the facilities contemplated herein, or in connection with the easement, to excavate, grade and bacltfill for the installation, repair, maintenance alteration, support of the irrigation lines and related surface road. 3. Construction Obligation of Lochsa. Lochsa agrees to design, construct and maintain the pumping facility, including the pump house and water storage cistern in a size and capacity sufficient to permit Fulfer in the future to install their own pump and to store water from the Servient Estate's water rights sufficient to supply a pressurized urban irrigation system for all of the Servient Estate. Lacbsa shall design and construct the imgation pumping facility consistent with the design specifications and standards of the Settlers Irrigation District. The Dominant Estate gives the Engineer (Briggs Engineering Inc.) permission to provide all pumping facility plans to the Servient Estate upon demand. 4. Fulfer's Title and Authority. Fulfer hereby covenants, represents and warrants to Lochsa that Fulfer has fee title to the Servient Estate described on Exhibit "A" and full power and authority to grant the easements herein. 5. General Terms and Interpretation. (a) Benefits and Burdens to Run with the Land. The benefits and burdens of this Agreement shall run with the land. Eithec party is authorized to record this Agreement in the records of Ada County, Idaho. (b) Other Uses within the Easements. Fulfer reserves the right to use the land within the easements for any use that does not interfere with the full enjoyment of the easements hereby granted; provided., however, Fulfer covenants for himself, his successors and assigns, not to build, erect or construct any structure, improvement ar other obstruction, or to diminish or substantially add to the ground cover over the imgation lines, or to excavate within the bounds of the easement. • ( ~~ . (c) Special Provisions. In addition to the foregoing, this Easement Agreement incorporates herein Exhibits A, B and C, all of which exhibits are attached hereto and incorporated herein by this reference. (d) Assignments, The Dominant Estate ma_y assign this agreement and easements to Settlers Irrigation only. All other assignments will require written authorization, (e) Injury during Construction. The Dominant Estate shall hold harmless the Servient Estate to the following extent, Injury claims arising from the construction of the well or pumping facilities. (f} Trrnirrs. At the time of execution of this agreement exhibit "C"has been Left blank and shall be filled in by the Dominant Estate, upon approval of the exact location by the Settlers Irrigation District. The Dominant Estate shall have 2 years to complete the construction of the well and the pumping facilities. IN WITTJESS WHEP.EOF, the parties hereto have caused this Easement Agreement to be executed as of the day and year first above written. FULFE BRENDA FULFER . LOCHSA FALLS, L.L.C. By ~ Marty oldsmith, Member STATE OF IDAHO) County of Ada) . ss. On this 1 a day of November, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared KELLY FULFER, laiown and identified to me to be the person whose name is subscribed to the within instrument, and aclmowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (S S7 County of Ada) Notary Public for Idaho Residing at /Y1 c rr c(i ar. ,Idaho Commission expires: _ g-a 3 -~~ 8' _ „ , ..:5. On this /~ day of November, 20gZ, before me, the undersigned, a Notary Public in and for said State, personally appeazed BRENDA FULFER, known and identified to me to be the person whose name is subscribed to the within instrument, and aclmowledged to me that she executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~.•••. . '~' ~~ Notary Publi ar Idaho } ;~ Residing at ~~,d,w,-~ ,Idaho ~ ~' a Commission expires; ~-- ~3- a,~- *~~wK•*~ f ~ 1. i_. STATE OF IDAHO) . SS. County of Ada) On this ~ day of November, 2002, before me, the undersigned, a Notary Public in and far said State, personally appeazed MARTY GOLDSMITH, lrnown and identified to me to be the managing member of LOCHSA FALLS, L.L.C., that executed the instrument or the person who executed the instrument on behalf of limited liability company, and aclmowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .~ e Notary Pub for Idaho Residing at m«;d;.~.-` ,Idaho Commission expires: Ss-,~„3 -o,S- ~.'~ ~`. ~ _. Sergieszt I~stste T9te sotti$ It~Z'~f 46e soafaoast gasket, Seeboa ?ti. Tawat~ip ~ North, Ra°'-°g~ 1 '~V'~+W. >~ Maims, A~as cooaly, zavo. 8 som ~ rigiyt~f--way fad $nad. . Domiamt Fstste 1?ESCR11rTlON iadR l.OCHSA FAI,t.S StIBDtiRStQN . 'wR,rr~t 5, 2E1+U2 A potifart of 5cction 26. Tpwrra~tiip 4 North, Rartige 7 West, &~ses Meri~rt, Asia Courtly, idatty. move pa~tiaitarly described as fioiioN~s: Camfrranr.;~g at the ~tttt~st ~ ~'ttte i~1~"l.4W'ti C~r~.,;j aF Ssci~ro 2&. Ta~nshi 4 Norftti, Range 7 Wes!~ 8aise Meiidfan, Ada Cautsty, Idatw; the REAL. i~ONT Ci; t3EGiNNING of tht:; std~.sicre; 7rience N 40`21'f 7 E t1B0.t?0 feet abng the west pns of saki NW `/+ to a point; Thence S 89'08'39' E ?93.34 feet b s poir~ . Thence N 40`21'1 p" E 297;59 feat to a poa~t; T'twerice S 89'08'39" E 1Qfl3.4Z feet do a paint; Therx~e N 00'29'24" E 274.52 feet bo a p~ T1lenoe N 87"02'18' E 268.51? feo! to a point; . Therxe S 71'48'42' E 14090 feet b a paint; ':: T'Fier~ S 20°17 42 E 121.80 fleet tv a pow - Thenoe S 54'57 "A2' E 196.6D feet ha a poittl; Thence S tt.3'30'~4~" E 232.70 feet m a polrtt; Them S T3~6'f9" E 489.75 feet co a point on tr,e east ~ of said NW r,: Thence N 00'37`39" E 'f765.40 feet along aald east Bne to a poink en ttre 6ottRi rtQht.~7F-way of W. Chkxien l~ouievard; . ..... ~ _ - Thence S 89~8'~0' E teA9.~ ~a±~t aipng. said right-c~wa~ m a Print; Thsnre S Ot)'21`4fl' W tit8.&9 teat tc a poz~ Ttierice S 89'D4'3~' E tS45.00 het b a poir~ f - Tirerrce S Ol)'S52~ W 168.00 ilea! b a point; Thence S t39°tW~ F 155.00 i"eei !r3 a poirrt on the west rlgf~t-ofwey of N. L'a~ ~; Thence S tltl`55'~8' Vy+49li.9T feet aiorg said rlgtrt~f~rey to a Aoi~ . T}rertce S 49'2339' E 25.!10 fe9t bD a point crt the east fine ofthe tVE 3:4f saki SegjoR 2$; . Ti-enoe S gt?`55'zt3' W 13yB.B3 teat abng satd east line ip the sautheas! caner of said NE "!,; Tita<rtce 5 [10''25'24' 4'6'• 25b l>`S) ~t da--,g ~ eC ~ Ifr~ r: L`i~ S~ r of ~ ~~°..+"tlGt :e ~ a ~t~ ' Thence N 89'3436" W 3x2.71 feet m a Pang i rtence S 00°zS2d~° W 7d0..9t) fleet to a pp~ Thence S 89'34`39" E 35211 feet to a print on the east Ihte of aatd SE 'l~, Thence S Od`28'24• W 368.93 feet along said eeed ikte to a poinl; Tiierioe iV 89'13'14^ Ifill 282D 8@ feetto the 9ot>titeast oomera the F!E ifa of ttte 5W'l. (Ca 1196 Cam~r) of said Section ffi; Therttx N OO~T3$` E 195.90 feet the Bask lrte of said 3W'/, t~ a tit; Thence N 89.2z'22' W 365.9Q feet bo a point: Thence s 00'37'38` W 1tf1'it30 feet to a poir>k Ttter>ce 5 89'22'22` 6 3t33.9Q feet to ttt0 sautlteast corner of said NE ~ of tt`te SIN'/.; . Thence S OQ'37~8" W 130.5.19 feet aiocrg the earl fine ol'satd 9W'!. to a paint on the North ' . right-cfa~uay of W,14~fi~an mod; Thence W 88`58'19' W i30't 47 feet atorg ,pfd notlh tigh!-ofwrsy io a pdrtt or~~t~e wit W7e at the F h of fhe SYY'f. of Said 9ectioa 28; Thence N 00'29'44° E ~fi23.34 feet aic~tg said west tires m the aaufEteast corner of the SVU % aE fire NW '!. of said 5errlipn 213; T7iertoe N$9'08'33" W 1307.47 feet atortg the saWh rir,0 of ate NVIf 3: sa~E t3eciton 28 to the REr0.l. PAINT 9F ®EGiNNIt~ a his Win, std ~~ ~ ~~ ~. r~ ttr ease, Michael E. Marks, P.L.S. No. 4998 EXHIBIT caC» A portion of the west half of the south half of the southeast quarter, Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho that is described as a rectangle consisting of a nor#h south distance of mss- feet and east west distance of ~_ feet, the southerly boundary of which lies due north ~OrJ feet from the southerly boundary of the 5ervient Estate.